JAMMU:A Division Bench of J&K State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan on Wednesday issued notice to Senior Additional Advocate General (AAG) for appearance on 29th December, 2016 in a contempt petition filed by Judicial Employees of Subordinate Courts seeking implementation of judgment of the Division Bench (DB) in which the Chief Secretary was directed to implement Shetty Pay Commission.
Senior Advocate Sunil Sethi with Advocate Ankesh Chandel appeared for the petitioners in the case. The contempt petition filed by employees borne on the cadre of Subordinate Courts seeking implementation of Shetty Commission Report so far as recommendations pertaining to the Ministerial staff working in the Subordinate Courts in the State of Jammu and Kashmir are concerned, which was agreed to by the State Government and to pay the arrears which are admissible to them with effect from 1st April, 2003. The DB had directed Chief Secretary and others to implement the recommendations of Shetty Pay Commission with effect from 1st April, 2003 which was agreed to be implemented by the then Chief Minister of the State in a meeting on 2nd April, 2008 and as per the directions of the Supreme Court dated 16th March, 2015 within a period of three months.
The case of the petitioners is that as per the Resolution of Ministry of Law, Justice and Company Affairs (Department of Justice, Government of India) the 1st National Judicial Pay Commission was constituted by the Government of India on 21st March, 1996 headed by Justice Jagannath Shetty, a former judge of the Supreme Court.
The aforesaid Commission submitted its report regarding the pay structure of the Judicial Officers of the Subordinate Judiciary during November 1999 and thereafter, considered the grievances of the Ministerial Staff of the Subordinate Judiciary as per the directions issued by the Supreme Court in All India Judicial Employees Confederation for broadening the scope of consideration of National Judicial Pay Commission for improving the conditions of the Ministerial Staff of Subordinate Courts as they being at pivotal position so far as working of the Subordinate Courts is concerned.
The Commission finally submitted various recommendations in favour of the Ministerial Staff related to working conditions and restructuring, removal of pay anomalies, grant of higher pay scales and advance increments.
The Supreme Court, thereafter, considered the said recommendations and directed all state governments to consider implementation of the recommendations but after observing that no steps were taken by the State Governments, the Supreme Court by order dated 7th October, 2009 gave directions to all the State High Courts to ensure implementation of the recommendations of Shetty Pay Commission by state governments within reasonable period and preferably within one year and if the same is further delayed, the High Courts were granted liberty to entertain writ petitions/applications on Judicial and Administrative side, with further directions that the State High Courts shall see that the recommendations are implemented with effect from 1st April, 2003.
According to the petitioners, the Court administratively took up the matter with the State government for implementation of the recommendations of the Shetty Pay Commission in the meeting of the then Chief Justice of the J&K State High Court with the then Chief Minister on 2nd April, 2008 on this aspect and after deliberations, the State government agreed to implement the recommendations of Shetty Pay Commission in a phased manner, after ascertaining the financial implications.